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{
    "id": 1201640,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1201640/?format=api",
    "text_counter": 136,
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    "content": "Laikipia North, Hon. Sarah Korere; Member for Ganze, Hon. Kenneth Kazungu Charo and Member for Alego Usonga, Hon. Samuel Atandi. Other Members who spoke on the matter include Member for Tinderet, Hon. Julius Melly; Member for Kilifi North, Hon. Owen Baya; Member for Kabondo Kasipul, Hon. Eve Obara; Member for Kangundo, Hon. Fabian Muli; Member for Dagoretti South, Hon, John Kiarie; Member for Embakasi South, Hon. Julius Mawathe; Member for Kiminini, Hon. Bisau Kakai; Member for Emuhaya, Hon. Omboko Milemba; Member for Tharaka, Hon. George Murugara and Member for Dagoretti North, Hon. Beatrice Elachi. At the conclusion of the debate, I reserved my considered ruling for today. There are many other Members who rose on points of order. I need not mention them. From the onset, Hon. Members, permit me to amplify a portion of the contribution made by Hon. John Mbadi, which is key to the resolution of this matter. The Hansard records Hon. Mbadi as having said that: “There is no contention over which Members constitute the leadership of both the Kenya Kwanza Coalition and the Azimio la Umoja - One Kenya Coalition. The only contention that exists (and which formed the basis of the debate that ensued) is over which of the two is the majority.” Article 108 of the Constitution establishes the offices of party leaders in Parliament and outlines the order of precedence to be observed in the National Assembly. The Article provides as follows: 108. (1) There shall be a leader of the majority party and a leader of the minority party. (2) The leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties. (3) The leader of the minority party shall be the person who is the leader in the National Assembly of the second largest party or coalition of parties. (4) The following order of precedence shall be observed in the National Assembly— (a) the Speaker of the National Assembly; (b) the leader of the majority party; and, (c) the leader of the minority party. Hon. Members, what is clear from the Constitution is that the Leader of the Majority Party must lead either a party or a coalition of parties in the National Assembly. I invite the House to note my emphasis on the word ‘either’. Article 92 of the Constitution mandates Parliament to enact legislation on various aspects of political parties. To this end, the Political Parties Act, 2011 was enacted. This law has been amended several times, including as late as February this year. You will note that section 2 of the Act defines a political party as an association of citizens, with an identifiable ideology or programme, constituted for the purpose of influencing public policy or nominating candidates to contest elections. The term is further defined to include a coalition political party. Under the same section, a coalition is defined as an alliance of two or more political parties formed for the purpose of pursuing a common goal and is governed by a written agreement that is deposited with the Registrar. On the other hand, a coalition political party is defined as a coalition that is registered by the Registrar as a political party. Interestingly, section 10(1) of the Act allows two or more political parties to form a coalition or a coalition political party before or after an election, on condition that they deposit a coalition agreement with the Registrar. What I discern from this definition in section 10(1) of the Act is that Parliament in its wisdom legislated as follows: That two or more political parties may form a coalition or a coalition party and deposit a written agreement with the Registrar. Further, that a coalition of two or more parties may register itself as a political party with the Registrar under the Act. You The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}